Skip to content
×
PRO Members Get
Full Access
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime.
Level up your investing with Pro
Explore exclusive tools and resources to start, grow, or optimize your portfolio.
10+ investment analysis calculators
$1,000+/yr savings on landlord software
Lawyer-reviewed lease forms (annual only)
Unlimited access to the Forums

Let's keep in touch

Subscribe to our newsletter for timely insights and actionable tips on your real estate journey.

By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions
Followed Discussions Followed Categories Followed People Followed Locations
Creative Real Estate Financing
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 2 years ago on . Most recent reply

User Stats

41
Posts
14
Votes
Frank Z.
  • Smyrna, GA
14
Votes |
41
Posts

Maximizing leverage w/ partners

Frank Z.
  • Smyrna, GA
Posted

I have a partner and wanna run a possible strategy by this group. 

Say I buy house X for $200k, get a mortgage on it for $100k, then quit claim it in an LLC and sell half of the LLC to my partner at the same valuation I paid.

Now we're 50/50 owners and I was able to take the leverage I wanted, and he was able to stay off the loan which is what he wants. Is this a viable strategy or am I going to run into legal issues? 

I understand there is a possibility the banks may call the loan due and I'm fine with that risk. Are there other legal / tax consequences beyond that?

Most Popular Reply

User Stats

8,093
Posts
6,433
Votes
Andrew Postell
#1 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Lender
  • Fort Worth, TX
6,433
Votes |
8,093
Posts
Andrew Postell
#1 BRRRR - Buy, Rehab, Rent, Refinance, Repeat Contributor
  • Lender
  • Fort Worth, TX
Replied

@Frank Z. So, you COULD go about doing it the way you described...but where would your partner get the money from?  If you do structure it this way, I cannot get a mortgage to buy your business.  I would need a business loan...not a business/commercial mortgage - but a true loan.  And getting financing in that way is very hard.  Now, if your partner has straight cash, then ok...but there is a SIGNIFICANTLY easier way to structure what you are describing with the same results.

You and your partner create an LLC. The LLC buys the property with a mortgage in the LLC name. That way, you and your partner own the LLC and the mortgage is not in your partners name. Super easy. This is how we all acquire properties in LLC names with a loan in nobody's personal name.

Hope all of that makes sense. 

  • Andrew Postell
  • Loading replies...